Ask The Judge: Expressions, Murder Charge

Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case. Do you have a question you would like Eaton to answer? Click here to send it via email. Please include your name and city.

Dear Judge Eaton: From the beginning, Mr. Ashton has been smiling at times, shaking his head at times and using gestures as the defense is talking or presenting their case. Does this often happen in court proceedings? Is it proper? How would you handle it in your courtroom? -- V. Anderson

I would not put up with it for one second. If you were watching Sunday afternoon, you know Judge Perry has called both lawyers on it. -- Judge O.H. Eaton

Bail For Casey?

Dear Judge Eaton: If Casey is not convicted of premeditated murder but of manslaughter or a lesser included offense, can bail be set and she not be jailed pending appeal?

If a jury finds a defendant guilty of a crime, the judge can remand her pending sentencing. He surely will in this case. -- Judge O.H. Eaton

Juror Pay

Dear Judge Eaton: It seems that being a sequestered juror has a negative effect financially. What if a juror has a well paying job? How are the jurors compensated for the extremely long sequestration they endure? -- Luke D., Miami, Fla.

Jurors are paid a pittance. I think it is $30 per day after three days. Don?t hold me to that. Believe me, it is a pittance. During jury selection, a number of jurors were excused due to financial hardship. The jurors selected did not claim a financial hardship or did not convince the judge the hardship was sufficient. -- Judge O.H. Eaton

Mistrial Or Appeal

Dear Judge Eaton: If this case comes up for retrial whether it be a mistrial or on appeal, will Judge Perry and the prosecutors and defense remain the same? Or will there be a different judge, prosecutors and defense? -- L. Street, Webster, N.Y.

In all likelihood, Judge Perry would keep the case. The state attorney assigns prosecutors to cases. It would make sense to keep the prosecutors that are familiar with this case. The defendant can choose any lawyer she wants to represent her so long as she can pay the fee. If she is indigent, a lawyer will be appointed for her. She has no choice about who that may be. The current lawyers are representing the defendant without compensation. I doubt if they would be willing to try the case again on that basis. -- Judge O.H. Eaton

MORE: Extended CoverageSTAY UPDATED: Casey iPhone App

First-Degree Murder Charge

Dear Judge Eaton: Will the jury even consider a first-degree murder charge without cause of death? I understand that the prosecution does not need to prove cause of death, but how can they come to a first-degree murder conviction without cause? -- Lauren

The judge has ruled the evidence sufficient to allow the jury to decide the issue. Proof of cause of death is certainly something the prosecutors wish they had. However, proof of the cause of death is not an element of the offense of first-degree murder. The evidence must establish a premeditated killing or a felony murder. -- Judge O.H. Eaton

Cindy Anthony could be charged with perjury. However, perjury is hard to prove. The untruth must have been intentional, and it must have been material. Additionally, the state needs Cindy Anthony in the event this case has to be retried, so I doubt she will be charged with anything. -- Judge O.H. Eaton

Rating Judge Perry

Dear Judge Eaton: How do you feel Judge Belvin Perry has conducted his courtroom and this trial so far? -- Laurie E., Marshfield, Wis.

He runs his court efficiently, and he has high standards. Trial judges have a lot of discretion on how they run their court and how they rule on admission of evidence. -- Judge O.H. Eaton

Policing Deputies

Dear Judge Eaton: It is my understanding that the jurors have been supervised, transported and otherwise attended to by law enforcement during this trial. What is done to ensure that a deputy in charge of and in frequent contact with the jury who can?t help but favor the prosecution due to their job doesn?t influence the jury? In other words, who polices the police? -- Jane

The deputies are given specific instructions on how to conduct themselves. Violations can result in dismissal. The jurors have been instructed to report anyone who attempts to discuss the case with them. We all have to believe these people will follow the rules. -- Judge O.H. Eaton